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HomeMy WebLinkAboutCity Council Minutes 03-11-2008Adopted Minutes Regular Council Meeting March 11, 2008 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on March 11, 2008. COUNCIL PRESENT: Mayor Slavik, Councilrnembers Murdock, Stein, Black, Hewitt, and Bildsoe. ABSENT: Councilmember Willis. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Police Chief Goldstein, Public Works Director Cote, Administrative Services Director Portner, Community Development Director Juetten, Park and Recreation Director Blank, Fire Chief Kline, Senior Planner Drill, Senior Planner Darling, Solid Waste Coordinator Hageman, and Deputy City Clerk Olson. Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements 4.01) Announcement of Environmental Fair on March 20 at Sunset Hill Elementary School Solid Waste Coordinator Hageman gave an update on working with the elementary schools and the Environmental Fair on March 20 at Sunset Hill Elementary School. 4.02) Oath of Office to Police Officer Dallas Gjesvold Deputy City Clerk Olson administered the oath of office to Police Officer Gjesvold. Councilmember Bildsoe encouraged residents to review an article in the March 4t" edition of the Lakeshore Weekly entitled "Above and Beyond." It recognized the courageous efforts of residents and police. 4.03) Plymouth — New Hope Little League Members from the Plymouth -New Hope Little League presented a check to the City Council in the amount of $10,000 to be applied to the $50,000 they owe for the 2007 Zachary Park project. Approval of Agenda Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe to Adopted Council Minutes Regular Meeting of March 11, 2008 Page 2 of 8 approve the agenda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councihnember Bildsoe, and seconded by Councihnember Hewitt to adop the Consent Agenda that included the following items: 6.01) Minutes from the Special and Regular Meetings of February 26, 2008. 6.02) Resolution Approving Disbursements for Period ending March 1, 2008 (Res2008-074). 6.03) Resolution Approving 2008 Payment to Senior Community Services (Res2008-075). 6.04) Resolution Approving Site Plan Amendment and Variance for a 108,017 Square Foot Building Expansion for US Foodservice for Property located at 9605 54th Avenue North 2007111 — Res2008-076). 6.05) Resolution Approving Variance to Exceed the 25 Percent Impervious Surface Area Coverage for a Porch Addition for Property located at 15620 40th Avenue North (2008004 — Res2008-077). 6.06) Ordinance and Resolution approving Zoning Ordinance Text Amendment to allow Vending Companies as a Permitted Use in the C-5 Zoning District (2008005 — Ord 2008-04 and Res2008-078). 6.07) Resolution Approving Community Development Block Grant 2008 Action Plan Res2008-079). 6.08) Resolution Approving Amendment to the Development Contract for "Taryn Hills P Addition" for Property located Northeast of 61st Avenue and Lanewood Lane (2006057 — Res2008-080). 6.09) Resolution Approving Grant Agreement with the State of Minnesota's Division of Homeland Security and Emergency Management for the Minnesota Joint Analysis Center Res2008-081). 6.10) Resolution Approving Grant Agreement with the State of Minnesota's Division of Homeland Security and Emergency Management for the Minnesota Joint Analysis Center Res2008-082). 6.11) Resolutions Establishing and Revoking Municipal State Aid Streets for 2008 (Res2008- 083 and Res2008-084). 6.12) Resolution Approving Purchase of New Self Propelled Paver (Res2008-085). 6.13) Resolution Awarding Maintenance Contract for 2008 Street Sweeping Program (8116 — Adopted Council Minutes Regular Meeting of March 11, 2008 Page 3 of 8 Res2008-086). 6.14) Resolution Approving Plans and Specifications and Order Advertisement for Bids for 2008 Sealcoat Program (8119E — Res2008-087). 6.15) Resolution Approving Plans and Specifications and Order Advertisement for Bids for 2008 Crack Repair Program (8120E — Res2008-088). Motion carried to approve the Consent Agenda. Public Hearings 7.1) Applications for On Sale Wine and 3.2 Malt Liquor Licenses for CSM Lodging Services, Inc. d/b/a Residence Inn by Marriott -Plymouth, 2750 Annapolis Circle Administrative Services Director Portner reported on the license applications for On Sale Wine and 3.2 Malt Liquor for CSM Lodging Services Inc. d/b/a Residence Inn by Marriott -Plymouth, 2750 Annapolis Circle. Mayor Slavik opened the public hearing. Mayor Slavik closed the public hearing. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt to adopt a Resolution Approving On Sale Wine and 3.2 Malt Liquor Licenses for CSM Lodging Services Inc. d/b/a Residence Inn by Marriott -Plymouth, 2750 Annapolis Circle(Res2008-089). With all members voting in favor, the motion carried. Mayor Slavik asked how the company plans to ensure underage drinking is not occurring where liquor is served. Michelle Rein, representing Residence Inn, stated that she and another employee have completed the TIPS program and will be present when all liquor is served. General Business 8.1) Plymouth -New Hope Little League Request at Zachary Park Recreation Director Blank reported on the status of the request for Zachary Park. He reported that they would be able to cash flow this project but staff is recommending to take no action at this time until the Little League can provide more details on the plans and contractors. Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein to take no action at this time and direct staff to continue to work with the Plymouth -New Hope Little League Association. Adopted Council Minutes Regular Meeting of March 11, 2008 Page 4 of 8 John Vecere, 4930 Pineview Lane North, stated that they have made contact with several contractors and have discussed obtaining wholesale prices. The facility will be very similar to the one that was built at Greenwood minus the second floor. He stated that it's necessary to construct a concession facility as the portable trailers they have been utilizing from companies are no longer renting those trailers. This would result in an 18% decrease in revenue. He added that they have many volunteers to help with the construction. He stated that they would raise an additional $15,000 to commit to repaying half of the original $50,000 and would hope they could roll the other $25,000 into the cost of the Zachary facility. Council inquired if all City fees have been calculated into the proposed cost of the facility. Community Development Director Juetten replied that he can't determine an exact amount because they haven't reviewed the plans; however, they have been using the Greenwood building to base the fees on. The proposal would need to go through the planning process but wouldn't require a public hearing. Parks and Recreation Director Blank stated that staff's recommendation is not to sign the agreement without more detail. The Council agreed they are willing to go forward but need assurances. There being no further discussion and with all members voting in favor, the motion carried 8.2) Annual update to the Zoning Ordinance and City Code and Rezoning of the Little Flowers Montessori site located at 4155 Zachary Lane North. City ofPlymouth. (2007098) Senior Planner Drill presented a summary of the proposed Zoning Ordinance amendments and City Code text amendments as well as the rezoning for the "Little Flowers Montessori." Senior Planner Darling provided a summary of the proposed changes to billboards and sign regulations. Councilmember Bildsoe voiced concerns with removal of signs on public right-of-way and suggested a time limit put on how long the City should retain them once removed. City Attorney Knutson felt the current practice is sufficient, and the City would want to avoid certain liability issues. Council inquired how the changes to the language regarding electronic signs would impact several existing signs within the City. Mayor Slavik stated she is concerned about the percentage of area allowed for electronic signs and temporary signs used by churches in residential neighborhoods. She also had concerns with native landscaping and enforcement. Senior Planner Drill stated native landscaping would need Council approval and planning department staff would be responsible for enforcement. Motion was made by Mayor Slavik, and seconded by Councilmember Hewitt to adopt an Ordinance Amending the Zoning Man to rezone "the Little Flowers Montessori" site from RSF-1 to P -I (2007098 — Ord2008-06) and a Resolution Approving the Findings of Fact for the Adopted Council Minutes Regular Meeting of March 11, 2008 Page 5 of 8 Rezoning (Res2008-091). With all members voting in favor, the motion carried. Council discussed the percentage of space on signs that can be electronic. Motion was made by Mayor Slavik, and seconded by Councihnember Bildsoe, to approve an Ordinance amending the text of the City Code entitled "The Plymouth Zoning Ordinance" with an amendment to change the allowable square footage for electronic signs to 50% for neighborhood/commercial districts. Council directed staff to prepare new text regarding electronic signs and temporary signs, length of time impounded signs are held, and maintenance of native landscaping. Motion was made by Mayor Slavik, and seconded by Councilmember Bildsoe, to table the Ordinance amending text of Chapter 21 of the City Code entitled 'The Plymouth Zoning Ordinance," Ordinance amending the text of Chapters 4,5, 8, and 20 of the City Code and Ordinance approving summary publications for the above described ordinances to the March 25 meeting. With all members voting in favor, the motion carried. 8.3) Recycling Contract Extension and Development of Programs to Improve Business and Multi -Family Recycling Public Works Director Cote reported on the Request for Proposal (RFP) process with the cities of Minnetonka and Golden Valley along with a consultant. He stated that in February, the consortium was contacted with a contract proposal from Waste Management for a three year contract renewal. Jennifer Klermert, representative from Waste Management, stated that she would be available for any questions or comments. Kathy Osborne, 14905 38`x' Place North, Chair of the Environmental Quality Committee(EQC), stated the commission has been working on this issue for a very long time. One of the recommendations of the EQC is to adopt an ordinance stating that all residents and businesses have the right to recycling. She requested that the Council delay action on this meeting until the EQC can review it. She reported that the EQC has had a number of speakers and guests on this topic at their meetings, so she would like their input included in the process as well. Terrie Christian, 9910 South Shore Drive, stated that she is also a member of the EQC and spoke about an article on single stream recycling. She stated that this type of recycling can be poorly processed and can often times be mixed with paper. She stated that if the process used is not the correct one, the materials are wasted, and the public believes they were recycling. Mark Stoltman, representing Randy's Sanitation, requested the Council to consider proceeding with the RFP process as he would like to explain to the City their services. He stated that they are trying to reduce the amount of solid waste dumped at the landfills and are trying to accomplish bi-weekly pickup. He stated they are willing to look at what services are needed in Plymouth and creating a sustainable program. Adopted Council Minutes Regular Meeting of March 11, 2008 Page 6 of 8 Peggy Willenberg, 5555 Vagabond Lane North, former member of EQC, stated that they have nearly a year to work on this proposal so it's premature to select a vendor immediately. She requested the Council to extend the process and proceed with the RFP. Councilmember Hewitt clarified that the current contract expires on December 31, 2008, so there is a limited time frame. Councilmember Black gave a presentation on the composition of waste material and how much of those materials can actually be recycled if properly sorted. She stated that State law only requires residential properties to have availability to recycling but many materials can be recycled from multi -family, institutional, and commercial properties as well. She also stated that end markets are receiving a large amount of contaminated material. Motion was made by Councilmember Stein, and seconded by Councilmember Black to table this item. In addition, staff is to develop the RFP, and the Environmental Quality Committee continue should continue to review the issue. Council directed staff to also review recycling containers. Council questioned the timeline for this process, and Public Works Director Cote replied it would take approximately four months. He stated that if the other cities wish to remain in the consortium, they must allow time for the vendor to be able to provide services. Council expressed their concern how this would impact the other cities in the consortium. Public Works Director Cote responded that the Waste Management proposal would remain on the table only if all three cities agreed to the contract. City Manager Ahrens stated that the other two cities will have this item on their agendas in the next several weeks, and it would perhaps be better to make the decision prior to hearing the decisions of the other two cities. Public Works Cote clarified that there is no deadline mentioned in the Waste Management proposal. Ms. Klennert stated that the proposal is contingent with all three cities agreeing to the contract. She clarified that if the RFP went forward, the offer would be off the table. Ms. Klennert inquired if the item were tabled, would Waste Management have the ability to discuss options with the EQC. Councilmember Black stated that the meeting is open to the public. Public Works Director Cote asked for clarification on whether to continue with the other two cities on the RFP process or with the Waste Management proposal. Mayor Slavik clarified that Council wished to no longer continue with the proposal fiom Waste Management unless it is in response to the RFP process. Adopted Council Minutes Regular Meeting of March 11, 2008 Page 7 of 8 Council discussed including the other cities in the RFP process and how proposals could be submitted. Motion made by Councilmember Stein, and seconded by Councilmember Bildsoe to amend the motion to develop the RFP with a base bid and an alternate Council asked for clarification. City Attorney Knutson stated that they could have a defined RFP that would go out to all vendors as well as an alternative to the RFP that would state the terms of the current contract and any vendor could submit a proposal to operate under that contract with any refinements. Public Works Director Cote stated that the decision matrix would be very difficult with this kind of RFP. Council discussed revenue sharing and whether other recycling companies would provide this in the RFP process. Council discussed doing the best for Plymouth in terms of revenue sharing and expanded recycling programs. Public Works Director Cote repeated the motion to table this item and direct staff to continue with the development of the RFP with an amendment made by Councilmember Stein to develop an alternate that would provide that same services as under the current contract with direction from Councilmember Hewitt to research the container issue and the impact to other cities. With all members voting in favor, the motion carried. 8.4) Ordinance Amending Section 1110.15 of the City Code Regulating the Display of Fireworks Community Development Director Juetten reported on the proposed Ordinance. Motion made by Councilmember Black, and seconded by Councilmember Hewitt to adopt an Ordinance Regulating the Display of Fireworks with the amendment to the text stating June 1 rather than June 4. With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) Resolution Regarding School District 281 and Pilgrim Lane Elementary School City Manager Ahrens reported that item was brought up in a previous meeting on Council goals and the resolution proposed opposes the closing of Pilgrim Lane Elementary School. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe to adopt a Resolution relating to the Robbinsdale School District and Possible Closing of Pilgrim Lane Elementary School (Res 2008-090). With all members voting in favor, the motion carried. 9.2) Appointment to the Planning Commission John Cooney, an At Large member on the Planning Commission, recently submitted his Adopted Council Minutes Regular Meeting of March 11, 2008 Page 8 of 8 resignation. Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein to direct staff to advertise the vacancy and staff would conduct interviews of the applicants. A Substitute Motion was made by Mavor Slavik, and seconded by Councilmember Bildsoe to appoint Gordon Petrash to the Planning Commission. This motion failed with Hewitt, Stein, Black, and Murdock voting no, and Slavik and Bildsoe voting yes. Motion was made to by Councilmember Hewitt, seconded by Councilmember Stein to advertise the vacancy and conduct another round of interviews With all members voting in favor, the motion carried. 9.3) Legislative Update There were no legislative reports. Adiournment Mayor Slavik adjourned the meeting at approximate y 9:51 p.m. Kimberly A on, Deputy City Clerk